TITLE 62: MINING
CHAPTER I: DEPARTMENT OF NATURAL RESOURCES
PART 1795
SMALL OPERATOR ASSISTANCE
SECTION 1795.1 SCOPE AND PURPOSE
Section 1795.1 Scope and
Purpose
a) This Part comprises the Small Operator Assistance Program
(SOAP) and establishes the procedures for providing assistance to eligible
operators by the program administrator.
b) The purpose of the program is to provide for eligible
operators a determination of probable hydrologic consequences including the
engineering analysis and designs necessary for the determination;
cross-sections, maps and plans; geologic drilling and statement of results of
test borings and samplings; archaeological and historical information
collection and relevant plan preparation; pre-blast surveys and pre-blast
survey reports; and site specific resource information collection and relevant
plan preparation, which are required components of the permit application under
62 Ill. Adm. Code 1772 through 1785.
(Source: Amended at 20 Ill. Reg. 2124, effective January 19, 1996)
 | TITLE 62: MINING
CHAPTER I: DEPARTMENT OF NATURAL RESOURCES
PART 1795
SMALL OPERATOR ASSISTANCE
SECTION 1795.2 OBJECTIVE (REPEALED)
Section 1795.2 Objective
(Repealed)
(Source: Repealed at 11 Ill. Reg. 8481, effective July 1, 1987)
| TITLE 62: MINING
CHAPTER I: DEPARTMENT OF NATURAL RESOURCES
PART 1795
SMALL OPERATOR ASSISTANCE
SECTION 1795.3 AUTHORITY
Section 1795.3 Authority
The Director shall provide
financial and other assistance under Section 2.02 of the State Act to the
extent funds are appropriated by Congress specifically for this Program and by
the State legislature.
| TITLE 62: MINING
CHAPTER I: DEPARTMENT OF NATURAL RESOURCES
PART 1795
SMALL OPERATOR ASSISTANCE
SECTION 1795.4 DEFINITIONS
Section 1795.4 Definitions
a) As used in this Part, program administrator means the Illinois
Department of Natural Resources (Department) Director's designee; and
b) Qualified laboratory means a designated public agency, private
firm, institution, or analytical laboratory which can prepare the required
determination of probable hydrologic consequences or other studies and/or
reports or plans under the Small Operator Assistance program which meet the
standards of Section 1795.10.
(Source: Amended at 20 Ill. Reg. 2124, effective January 19, 1996)
| TITLE 62: MINING
CHAPTER I: DEPARTMENT OF NATURAL RESOURCES
PART 1795
SMALL OPERATOR ASSISTANCE
SECTION 1795.6 ELIGIBILITY FOR ASSISTANCE
Section 1795.6 Eligibility
for Assistance
An applicant is eligible for
assistance if he or she:
a) Intends to apply for a permit pursuant to the Surface Coal
Mining Land Conservation and Reclamation Act [225 ILCS 720] (State Act);
b) Establishes that his or her probable total attributed annual
production from all locations on which the operator is issued the surface coal
mining and reclamation operations permit will not exceed 300,000 tons.
Production from the following operations shall be attributed to the applicant:
1) The pro rata share, based upon percentage of ownership of
applicant, of coal produced by operations in which the applicant owns more than
a ten (10) percent interest;
2) The pro rata share, based upon percentage of ownership of
applicant, of coal produced in other operations by persons who own more than
ten (10) percent of the applicant's operation;
3) All coal produced by operations owned by persons who directly
or indirectly control the applicant by reason of direction of the management;
4) All coal produced by operations owned by members of the
applicant's family and the applicant's relatives, unless it is established that
there is no direct or indirect business relationship between or among them;
c) Is not restricted in any manner from receiving a permit under
the permanent regulatory program; and
d) Does not organize or reorganize his or her company solely for
the purposes of obtaining assistance under the SOAP.
(Source: Amended at 20 Ill. Reg. 2124, effective January 19, 1996)
| TITLE 62: MINING
CHAPTER I: DEPARTMENT OF NATURAL RESOURCES
PART 1795
SMALL OPERATOR ASSISTANCE
SECTION 1795.7 FILING FOR ASSISTANCE
Section 1795.7 Filing for
Assistance
Each application for assistance
shall include the following information:
a) A statement of the operator's intent to file a permit
application.
b) The names and addresses of:
1) The permit applicant; and
2) The operator, if different from the applicant.
c) A schedule of the estimated total production of coal from the
proposed permit area and all other locations from which production is
attributed to the applicant under Section 1795.6. The schedule shall include
for each location:
1) The operator or company name under which coal is or will be
mined;
2) The permit number and Mine Safety and Health Administration
(MSHA) number;
3) The actual coal production during the year preceding the year
for which the applicant applies for assistance and production that may be
attributed to the applicant under Section 1795.6; and
4) The estimated coal production and any production which may be
attributed to the applicant for each year of the proposed permit.
d) A description of:
1) The proposed method of coal mining;
2) The anticipated starting and termination dates of mining
operations;
3) The number of acres of land to be affected by the proposed
mining operation; and
4) A general statement on the probable depth and thickness of the
coal resource including a statement of reserves in the permit area and the
method by which they were calculated.
e) A U.S. Geological Survey topographic map at a scale of
1:24,000 or larger or other topographic map of equivalent detail which clearly
shows:
1) The land to be affected;
2) The location of any existing or proposed test borings; and
3) The location and extent of known workings of any underground
mines.
f) Copies of documents which show that:
1) The applicant has a legal right to enter and commence mining
within the permit area; and
2) A legal right of entry has been obtained for the program
administrator and laboratory personnel to inspect the lands to be mined and
adjacent areas to collect environmental data or to install necessary
instruments.
(Source: Added at 11 Ill. Reg. 8481, effective July 1, 1987)
| TITLE 62: MINING
CHAPTER I: DEPARTMENT OF NATURAL RESOURCES
PART 1795
SMALL OPERATOR ASSISTANCE
SECTION 1795.8 APPLICATION APPROVAL AND NOTICE
Section 1795.8 Application
Approval and Notice
a) If the program administrator finds the applicant eligible, he
or she shall inform the applicant in writing within ninety (90) days of receipt
of the application that the application is approved.
b) If the program administrator finds the applicant ineligible,
he or she shall inform the applicant in writing that the application is denied
and shall state the reasons for denial.
(Source: Added at 11 Ill. Reg. 8481, effective July 1, 1987)
| TITLE 62: MINING
CHAPTER I: DEPARTMENT OF NATURAL RESOURCES
PART 1795
SMALL OPERATOR ASSISTANCE
SECTION 1795.9 PROGRAM SERVICES AND DATA REQUIREMENTS
Section 1795.9 Program
Services and Data Requirements
a) To the extent possible with available funds, the program
administrator shall select and pay a qualified laboratory to make the
determination, studies, reports, plans and statement referenced in subsection
(b) below for eligible operators who request assistance.
b) The program administrator shall determine the data needed for
each applicant or group of applicants. Data collected and the results provided
to the program administrator shall be sufficient to satisfy the requirements
for:
1) The determination of probable hydrologic consequences,
including the engineering analysis and designs necessary for the determination,
of the surface mining and reclamation operations in the proposed permit and
adjacent areas in accordance with 62 Ill. Adm. Code 1780.21(f) and 1784.14(e);
2) The drilling and statement of the results of test borings or
core samples for the proposed permit in accordance with 62 Ill. Adm. Code
1780.22(b) and 1784.22(b);
3) Cross-sections, maps and plans required by 62 Ill. Adm. Code
1779.25 and 1783.25;
4) Collection of archaeological and historical information and
related plans required by 62 Ill. Adm. Code 1779.12(b), 1780.31, 1783.12(b) and
1784.17, and any other archaeological and historical information required by
the Department;
5) Pre-blast surveys and reports pursuant to the provisions of 62
Ill. Adm. Code 1816.62;
6) Site specific resource information and protection and
enhancement plans for fish and wildlife habitats and other environmental values
required by the Department under 62 Ill. Adm. Code 1779.19, 1780.16, 1783.19
and 1784.21, and information and plans for any other environmental values
required by the Department under the State Act.
c) Data collection and analysis may proceed concurrently with the
development of mining and reclamation plans by the operator.
d) Data collected under this program shall be made publicly
available in accordance with 62 Ill. Adm. Code 1773.13(d). The program
administrator shall develop procedures for interstate coordination and exchange
of data.
(Source: Amended at 20 Ill. Reg. 2124, effective January 19, 1996)
| TITLE 62: MINING
CHAPTER I: DEPARTMENT OF NATURAL RESOURCES
PART 1795
SMALL OPERATOR ASSISTANCE
SECTION 1795.10 QUALIFIED LABORATORIES
Section 1795.10 Qualified
Laboratories
a) Basic qualifications. To be designated a qualified
laboratory, a firm shall demonstrate that it:
1) Is staffed with experienced, professional or technical
personnel in fields applicable to the work to be performed;
2) Has adequate space for material preparation and cleaning and
sterilizing equipment and has stationary equipment, storage, and space to accomodate
workloads during peak periods;
3) Meets the requirements of MSHA set forth in 30 CFR 1 through
199 (1986) and the requirements of the Occupational Safety and Health
Administration set forth in 29 CFR 1900 through 1999(1986);
4) Has analytical, monitoring and measuring equipment capable of
meeting applicable standards set forth in 62 Ill. Adm. Code 1780.21(a) and
1784.14(a);
5) Has the capability of collecting necessary field samples and
making hydrologic field measurements and analytical laboratory determinations
by acceptable hydrologic, geologic, or analytical methods in accordance with
the requirements of 62 Ill. Adm. Code 1780.21, 1780.22, 1784.14 and 1784.22.
Other appropriate methods or guidelines for data aquisition shall be approved by
the program administrator if it is determined that these alternate methods will
result in the collection of data as accurate as that collected by the
previously mentioned methods, and
6) Has the capability of performing services for either the
determination or statement referenced in Section 1795.9(b).
b) Subcontractors. Subcontractors may be used to provide some of
the required services provided their use is identified at the time a
determination is made that a firm is qualified and they meet requirements
specified in subsection (a).
(Source: Added at 11 Ill. Reg. 8481, effective July 1, 1987)
| TITLE 62: MINING
CHAPTER I: DEPARTMENT OF NATURAL RESOURCES
PART 1795
SMALL OPERATOR ASSISTANCE
SECTION 1795.11 ASSISTANCE FUNDING
Section 1795.11 Assistance
Funding
a) Use of funds. Funds specifically authorized for this program
shall be used to provide the services specified is Section 1795.9 and shall not
be used to cover administrative expenses.
b) Allocation of funds. The program administrator shall
establish a formula for allocating funds to provide services commensurate with
funding levels for eligible small operators if available funds are less than
those required to provide the services pursuant to this Part.
(Source: Added at 11 Ill. Reg. 8481, effective July 1, 1987)
| TITLE 62: MINING
CHAPTER I: DEPARTMENT OF NATURAL RESOURCES
PART 1795
SMALL OPERATOR ASSISTANCE
SECTION 1795.12 APPLICANT LIABILITY
Section 1795.12 Applicant
Liability
a) The applicant shall reimburse the Department for the cost of
the laboratory services performed pursuant to this Part if:
1) The applicant submits false information, fails to submit a
permit application within one (1) year from the date of receipt of the approved
laboratory reports, or fails to mine after obtaining a permit;
2) The program administrator finds that the applicant's actual
and attributed production of coal for all locations exceeds 300,000 tons during
the 12 months immediately following the date on which the operator is issued
the surface coal mining and reclamation permit; or
3) The permit is sold, transferred, or assigned to another person
and the original permittee's and transferee's total actual and attributed
production exceeds 300,000 tons during the twelve (12) months immediately
following the date on which the permit was originally issued. If the permit is
transferred during the twelve (12) month period immediately following the
permit issuance date, the determination of adherence to the twelve (12) month –
300,000 tons limit shall be performed by combining the actual and attributed
production of both parties for the twelve (12) month period immediately
following the date of original permit issuance. Under this subsection the
applicant and its successor are jointly and severally obligated to reimburse
the Department.
b) The program administrator shall waive the reimbursement
obligation if he or she finds that the applicant at all times acted in good
faith.
(Source: Amended at 20 Ill. Reg. 2124, effective January 19, 1996)
| TITLE 62: MINING
CHAPTER I: DEPARTMENT OF NATURAL RESOURCES
PART 1795
SMALL OPERATOR ASSISTANCE
SECTION 1795.13 ELIGIBILITY FOR ASSISTANCE (REPEALED)
Section 1795.13 Eligibility
for Assistance (Repealed)
(Source: Repealed at 11 Ill. Reg. 8481, effective July 1, 1987)
| TITLE 62: MINING
CHAPTER I: DEPARTMENT OF NATURAL RESOURCES
PART 1795
SMALL OPERATOR ASSISTANCE
SECTION 1795.14 FILING FOR ASSISTANCE (REPEALED)
Section 1795.14 Filing for
Assistance (Repealed)
(Source: Repealed at 11 Ill. Reg. 8481, effective July 1, 1987)
| TITLE 62: MINING
CHAPTER I: DEPARTMENT OF NATURAL RESOURCES
PART 1795
SMALL OPERATOR ASSISTANCE
SECTION 1795.15 APPLICATION APPROVAL AND NOTICE (REPEALED)
Section 1795.15 Application
Approval and Notice (Repealed)
(Source: Repealed at 11 Ill. Reg. 8481, effective July 1, 1987)
| TITLE 62: MINING
CHAPTER I: DEPARTMENT OF NATURAL RESOURCES
PART 1795
SMALL OPERATOR ASSISTANCE
SECTION 1795.16 DATA REQUIREMENTS (REPEALED)
Section 1795.16 Data
Requirements (Repealed)
(Source: Repealed at 11 Ill. Reg. 8481, effective July 1, 1987)
| TITLE 62: MINING
CHAPTER I: DEPARTMENT OF NATURAL RESOURCES
PART 1795
SMALL OPERATOR ASSISTANCE
SECTION 1795.17 QUALIFIED LABORATORIES (REPEALED)
Section 1795.17 Qualified
Laboratories (Repealed)
(Source: Repealed at 11 Ill. Reg. 8481, effective July 1, 1987)
| TITLE 62: MINING
CHAPTER I: DEPARTMENT OF NATURAL RESOURCES
PART 1795
SMALL OPERATOR ASSISTANCE
SECTION 1795.18 ASSISTANCE FUNDING (REPEALED)
Section 1795.18 Assistance
Funding (Repealed)
(Source: Repealed at 11 Ill. Reg. 8481, effective July 1, 1987)
| TITLE 62: MINING
CHAPTER I: DEPARTMENT OF NATURAL RESOURCES
PART 1795
SMALL OPERATOR ASSISTANCE
SECTION 1795.19 APPLICANT LIABILITY (REPEALED)
Section 1795.19 Applicant
Liability (Repealed)
(Source: Repealed at 11 Ill. Reg. 8481, effective July 1, 1987)
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